UK Law and Practice Contributed by: Simon Antrobus KC, Mike Atkins, Elizabeth Boon, Richard Sage, David Myhill and Alex Antelme KC, Crown Office Chambers
Powers of inspectors HSE inspectors are given powers including pow - ers of entry and seizure and to require the pro - vision of documents and information (Section 20), and are able to serve improvement notices (Section 21) and prohibition notices (Section 22). The Consumer Protection Act 1987 Enforcement is principally performed by local authority trading standards departments (in accordance with similar scope and powers as under the GPSR – see above) or, at a national level, the Competition and Markets Authority (CMA). Under the Digital Markets, Competition and Consumers Act 2024, the CMA is now able to decide whether consumer protection laws have been infringed, to order redress to affected consumers, and to impose financial sanctions (without a court process) on businesses that fail to comply. However, the CMA’s role is more focused on egregious breaches of consumer law relating to business practices and fairness to the consumer, rather than product safety. 1.3 Obligations to Commence Corrective Action There are requirements for persons to take cor - rective action in certain circumstances. Requirements to Notify These include the obligation imposed on pro - ducers and distributors of products to notify enforcement authorities of product safety risks under regulation 9 of the GPSR (see 1.4 Obliga- tions to Notify Regulatory Authorities ). Enforcement and Safety Notices There are also requirements to take corrective action in response to the service of enforce - ment and safety notices, which can be served under the legislation referred to in 1.2 Regula- tory Authorities for Product Safety .
of the GPSR within their geographical area and for serving safety notices (see below). Regulation 10 further provides that, in enforcing the GPSR, an enforcement authority must act in a manner proportionate to the seriousness of the risk and shall take due account of the precau - tionary principle. It must encourage and promote voluntary action by producers and distributors but may take any action urgently and without first encouraging and promoting voluntary action if a product poses a serious risk. Safety notices Enforcement authorities are empowered to serve a variety of “safety notices” , including suspen - sion notices (regulation 11), requirements to mark (regulation 12), requirements to warn (regu - lation 13), withdrawal notices (regulation 14) and recall notices (regulation 15). Regulation 28 provides a power for the Secretary of State to obtain information and samples of products in order to decide whether to serve, vary or revoke a safety notice. The Health and Safety at Work etc. Act 1974 Enforcing authority The enforcing authority for Section 6 of the 1974 Act is the Health and Safety Executive (HSE) (see regulation 4 (a) of the Health and Safety (Enforc - ing Authority) Regulations 1998), which is the national regulator for health and safety in Great Britain. In considering and carrying out enforcement action, the HSE will follow the requirements of its Enforcement Policy Statement and the Enforce - ment Management Model. The HSE also pub - lishes guidance for inspectors, in the form of the Enforcement Guide, as well as Approved Codes of Practice and guidance for dutyholders.
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